Negotiating With the Prosecutor Before Court
Is it possible to skip trial and bargain with the prosecutor instead? Learn about the court processes in Fairfax County, Virginia.
When you’re arrested for a crime, negotiations can be beneficial for several reasons. For one: you won’t have to endure a lengthy trial; and two: you’ll know the sentence before accepting the deal.
Tips When Negotiating
- Types of Negotiations: There are several negotiations that can take place including, but not limited to:
- Defendants are usually able to plead to a less serious offense. Example, a DUI can be bargained down to a reckless driving offense.
- In other cases, some charges may be wiped off the table in exchange for pleading guilty to a specific one.
- An attorney can strike a deal with the prosecution to prevent certain inconveniences like jail time or license suspension, in exchange for other sentencing.
- Timelines for Negotiations – when it comes to plea bargains, this can usually happen at any given time before your trial actually starts. In Fairfax, this often happens in the morning just before your court case is called.
- Negotiations Don’t Always Go Your Way – it’s important that defendants approach deals with an open mind. While these may seem like an opportunity to get a better outcome, all the pros and cons must be weighed thoroughly. Pleading guilty to a crime for instance, will remain indefinitely on your criminal record; and you will also need to comply with the terms of the plea deal. You cannot force the Prosecutor to give you a favorable deal. However, you always retain the option of rejecting the deal and fighting the charges at trial.
- Negotiations May Go Your Way – one rule of thumb when striking a deal, is to do this while clear opportunities are present. Examine the evidence and eyewitnesses with a lawyer to determine if the case is weak or strong.
- Put It In Writing – regardless of how the deal is manifested, be sure to have this formally drafted by an attorney – in writing.
The Benefits of Negotiating
In addition to the tips above, there are several benefits to negotiating before trial including:
- The Strength of the Case – before trial, all the evidence won’t be available and present, including the main eyewitness – the police officer.
- Public Prosecution – some cases quickly gain the spotlight in public once trial begins, and many defendants endure public prosecution – even when innocent. A plea deal happens behind closed doors, and away from these influences.
- Court Docket – many district courts are grossly overcrowded. A negotiation can mutually benefit the prosecution and defendant in many cases.
Negotiations don’t always mean acknowledging guilt.
If you have a good attorney by your side, they can usually bring a strong argument pointing to the weak evidence, and argue for dismissal or a reduction.
An arraignment usually takes place within a few days after your arrest, and it’s where you’ll hear about your scheduled court date.
Tips After An Arrest
The minute you’re arrested, the most critical recommendations are 1. Keeping silent, and 2. Consulting an attorney. These two steps will influence the case and negotiations a great deal.
